Hariba Rekha Rathod v. The State Of Maharashtra And ORS

1 15 ca 13320-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 15 CIVIL APPLICATION NO.13320 OF 2017 IN FAST/20179/2017 HARIBA REKHA RATHOD

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. V. V. Ingale AGP for Respondent No.1: Mr. S. R. Yadav ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 25/07/2022.

....

P. C. :

1.

By way of this application, the applicant i.e. original claimant is seeking condonation of delay of 1196 days in filing first appeal against the judgment and order dated 07/12/2013 in LAR No. 246 of 2003 passed by 4th Jt. Civil Judge (Senior Division), Osmanabad. The learned counsel for the applicant submits that the applicant is suffering from financial difficulties and also unaware of court proceedings and therefore such delay has been caused.

2.

Despite notice to respondent No.2 -Acquiring Body, none appeared. However, the learned AGP though opposed the application, but submitted that appropriate order may be passed.

2 15 ca 13320-17 3.

Thus, considering the reasons mentioned in this application and also by considering the statutory right of applicant, the civil application is hereby allowed and delay of 1196 days in filing first appeal is hereby condoned.

4.

The appeal be placed for admission after removal of office objections, if any.

5.

Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE) JUDGE VS Maind/-